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Adelaide dessert bar 50sixone sues former IT guru for control of its social media accounts and logo

THE people behind Adelaide’s top dessert bar are fighting in the Supreme Court for control of the social media accounts that helped make the business famous.

Azote Dessert Bar director and 50sixone owner Simon Flocco with one of his signature milkshakes. Picture: Matt Loxton
Azote Dessert Bar director and 50sixone owner Simon Flocco with one of his signature milkshakes. Picture: Matt Loxton

THEIR sweet treats cause mouths to water across the globe — but now one of Adelaide’s top dessert bars is fighting for control of the very social media accounts that made it famous.

The owners of 50sixone — home of Australia’s most expensive, 24-carat gold adorned ice cream — have filed a social media and intellectual property lawsuit with the Supreme Court.

They accuse their former IT guru, Steven Neumann, of refusing to hand over the passwords to the store’s website and its Facebook, Instagram, Twitter, YouTube and Snapchat accounts.

Together, those accounts have amassed a following of more than 88,000 people.

Founder Simon Flocco also wants a ruling that he and his business partner are the sole owners of 50sixone’s logo and intellectual property — designs crafted by Mr Neumann.

The lawsuit brings a bitter end to the once-sweet relationship between Mr Flocco and Mr Neumann who, according to court documents, were friends for 18 years.

The interior of 50sixone on King William Road, Hyde Park. Picture: Matt Loxton.
The interior of 50sixone on King William Road, Hyde Park. Picture: Matt Loxton.

In those documents, Mr Flocco’s current opinion of Mr Neumann is expressed in short and sour terms.

“Wrongfully, and in breach of agreements and his employment obligations, Mr Neumann has failed, refused or neglected to provide the passwords,” the papers assert.

“He continues to fail, refuse or neglect to transfer the website and social media accounts, and to provide control of the IT systems of 50sixone.”

50sixone opened its first store at Hyde Park in 2016 and has since expanded to the Nova Cinema at Prospect.

It quickly rose to prominence thanks, in part, to its Instagram-worthy menu of “megashakes” and prolific social media presence.

Days before it opened, 50sixone already boasted 4000 Facebook and 2000 Instagram followers enticed by preview photos of its treats.

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In their statement of claim, 50sixone owners Azote Dessert Bar Pty Ltd and Arese Pty Ltd accuse Mr Neumann of breaching his contract.

“Mr Flocco and Mr Neumann have been friends for approximately 18 years ... Mr Neumann offered to assist in setting up 50sixone,” they say.

They assert Mr Neumann “created and maintained” the store’s website and social media accounts, and designed its logo.

“It was an implied term that the plaintiffs would retain ownership of the website and social media accounts,” they say.

One of the milkshakes served at 50SixOne. Picture: Matt Turner.
One of the milkshakes served at 50SixOne. Picture: Matt Turner.
A Christmas tree dessert crafted by 50sixone.
A Christmas tree dessert crafted by 50sixone.

They further assert Mr Neumann was asked to provide invoices and did not, so was paid $20,000 and eventually taken on as an employee — until September 2017.

“The plaintiff requested he provide passwords to the Facebook, Twitter, YouTube and Snapchat accounts, transfer the (website) domain name and provide control of the IT systems,” they say.

They say Mr Neumann “failed or refused to comply” with both that request and “a formal written demand” they issued subsequently.

They ask the court to direct Mr Neumann to hand over control of 50sixone’s online presence and IT systems.

“We also seek a formal declaration that the plaintiffs are the owners of the 50sixone website, social media accounts and IT systems,” they say.

Mr Neumann has yet to file a defence in the case, which returns to court next month.

Mr Flocco declined to comment when approached by The Advertiser on Friday.

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Original URL: https://www.adelaidenow.com.au/news/law-order/adelaide-dessert-bar-50sixone-sues-former-it-guru-for-control-of-its-social-media-accounts-and-logo/news-story/cc46a36101ef34f3f1a37485aca89f6c